Report of Main Committee I

Non-Proliferation Treaty (NPT)

Conference on Disarmament

General Assembly First Committee

UN Disarmament Commission

Special Session on Disarmament

Report of Main Committee I

Establishment and terms of reference

Item 16. Review of the operation of the Treaty as provided for in its article VIII, paragraph 3, taking into account the decisions and the resolution adopted by the 1995 Review and Extension Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons:

(a) Implementation of the provisions of the Treaty relating to non-proliferation of nuclear weapons, disarmament and international peace and security:

(i) Articles I and II and preambular paragraphs 1 to 3;

(ii) Article VI and preambular paragraphs 8 to 12;

(iii) Article VII, with specific reference to the main issues considered in this Committee;

(b) Security assurances:

(i) Security Council resolutions 255 (1968) and 984 (1995);

(ii) Effective international arrangements to assure non-nuclear-weapon States against the use or threat of use of nuclear weapons.

Item 17. Role of the Treaty in the promotion of non-proliferation of nuclear weapons and nuclear disarmament in strengthening international peace and security and measures aimed at strengthening the implementation of the Treaty and achieving its universality.

Officers of the Committee

Establishment of Subsidiary Body I

4. Accordingly, Subsidiary Body I held four private meetings and a number of informal meetings between 3 and 10 May 2000. The outcome of its work is contained in paragraph 11 below.

Documents before the Committee

NPT/CONF.2000/3 Implementation of Articles I and II of the Treaty on the Non-Proliferation of Nuclear Weapons: Developments since the 1995 Review and Extension Conference

NPT/CONF.2000/4 Implementation of Article VI of the Treaty on the Non-Proliferation of Nuclear Weapons: Developments since the 1995 Review and Extension Conference

NPT/CONF.2000/5 Implementation of Article VII of the Treaty on the Non-Proliferation of Nuclear Weapons: Developments since the 1995 Review and Extension Conference

NPT/CONF.2000/6 Developments regarding positive and negative security assurances since the 1995 Review and Extension Conference of the Treaty on the Non-Proliferation of Nuclear Weapons

NPT/CONF.2000/8 Realization of the goals of the Treaty on the Non-Proliferation of Nuclear Weapons in various regions of the world

NPT/CONF.2000/12 Memorandum from the General Secretariat of the Agency for the Prohibition of Nuclear Weapons in Latin America and the Caribbean

NPT/CONF.2000/13 Memorandum on activities relating to the South Pacific Nuclear-Free-Zone Treaty submitted by the secretariat of the South Pacific Forum

NPT/CONF.2000/14 Memorandum on activities relating to the African Nuclear-Weapon-Free Zone submitted by the secretariat of the Organization of African Unity

NPT/CONF.2000/15 Memorandum on activities relating to the Treaty on the South-East Asia Nuclear-Weapon-Free Zone submitted by the depositary of the Treaty of Bangkok

NPT/CONF.2000/18 Letter dated 20 April 2000 from the Permanent Representative of Indonesia, in his capacity as Chairman of the Working Group on Disarmament of the Movement of Non-Aligned Countries, addressed to the Provisional Secretary-General of the Review Conference, transmitting a working paper presented by the members of the Movement of Non-Aligned Countries parties to the Treaty on Non-Proliferation of Nuclear Weapons

NPT/CONF.2000/19 Note verbale dated 25 April 2000 from the Permanent Mission of Portugal to the United Nations addressed to the secretariat of the 2000 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons, transmitting a document entitled "European Union common position relating to the 2000 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons"

NPT/CONF.2000/21 Letter dated 1 May 2000 from the representatives of France, the People's Republic of China, the Russian Federation, the United Kingdom of Great Britain and Northern Ireland and the United States of America addressed to the President of the 2000 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons, transmitting a statement by their delegations

NPT/CONF.2000/22 Letter dated 1 May 2000 from the Permanent Mission of the People's Republic of China to the United Nations addressed to the Department for Disarmament Affairs of the United Nations, transmitting its national report on the implementation of the Treaty on the Non-Proliferation of Nuclear Weapons

NPT/CONF.2000/23 Systematic and progressive efforts to reduce nuclear weapons globally: a food for thought paper, submitted by the United Kingdom of Great Britain and Northern Ireland

NPT/CONF.2000/WP.8 Working paper on review of implementation of article VI, submitted by France

NPT/CONF.2000/MC.I/WP.2 Working paper submitted by China

NPT/CONF.2000/MC.I/WP.3 Working paper on elements for a new action plan, submitted by Switzerland

NPT/CONF.2000/MC.I/WP.4 Working paper on selected elements of a programme of action, submitted by Canada

NPT/CONF.2000/MC.I/WP.5 Working paper submitted by Portugal on behalf of the European Union for Main Committee I

NPT/CONF.2000/MC.I/WP.6 Working paper on nuclear verification, submitted by the United Kingdom of Great Britain and Northern Ireland

NPT/CONF.2000/MC.I/WP.7 Working paper submitted by Belgium, Germany, Italy, the Netherlands and Norway, complementary to the European Union Common Position, for consideration in Main Committee I and Subsidiary Body I

NPT/CONF.2000/MC.I/WP.8 Working paper on draft elements on principles to promote nuclear disarmament, submitted by Germany for Main Committee I

NPT/CONF.2000/MC.I/WP.9 Working paper on nuclear disarmament, submitted by Belarus, Kazakhstan and Ukraine

NPT/CONF.2000/MC.I/CRP.2 Conference paper submitted by the United States of America

NPT/CONF.2000/MC.I/CRP.3 Conference paper submitted by the United States of America

NPT/CONF.2000/MC.I/CRP.4 Elements for a decision on principles and objectives: working paper submitted by Myanmar

NPT/CONF.2000/MC.I/CRP.5 Main Committee I: Chairman's working paper

and Rev.1 and 2

NPT/CONF.2000/MC.I/CRP.6 Proposed language submitted by the members of the Movement of Non-Aligned Countries parties to the Treaty on the Non-Proliferation of Nuclear Weapons to Main Committee I

NPT/CONF.2000/MC.I/CRP.7 Conference paper submitted by China

NPT/CONF.2000/MC.I/CRP.8 Draft suggestions to the working paper of the Chairman of Main Committee I (NPT/CONF.2000/ MC.I/CRP.5), submitted by Brazil, Egypt, Ireland, Mexico, New Zealand, South Africa and Sweden

NPT/CONF.2000/MC.I/CRP.9 Comments on the working paper of the Chairman of Main Committee I (NPT/CONF.2000/MC.I/CRP.5), submitted by the United Kingdom of Great Britain and Northern Ireland

NPT/CONF.2000/MC.I/CRP.10 Comments on the working paper of the Chairman of Main Committee I (NPT/CONF.2000/MC.I/CRP.5), submitted by the United States of America

NPT/CONF.2000/MC.I/CRP.11 Comments on the working paper of the Chairman of Main Committee I (NPT/CONF.2000/MC.I/CRP.5), submitted by Japan

NPT/CONF.2000/MC.I/CRP.12 Drafting suggestions to the working paper of the Chairman of Main Committee I (NPT/CONF.2000/MC.I/CRP.5), submitted by Egypt

NPT/CONF.2000/MC.I/CRP.13 Proposed amendments to the working paper of the Chairman of Main Committee I (NPT/CONF.2000/MC.I/CRP.5), submitted by China

NPT/CONF.2000/MC.I/CRP.14 Comments on the working paper of the Chairman of Main Committee I (NPT/CONF.2000/MC.I/CRP.5), submitted by the Russian Federation

NPT/CONF.2000/MC.I/CRP.15 Proposed language for paragraph II.4, on universality, of the working paper of the Chairman of Main Committee I (NPT/CONF.2000/MC.I/CRP.5), submitted by Belgium, Denmark, Germany, Italy, Luxembourg, the Netherlands, Norway, Spain and Switzerland

NPT/CONF.2000/MC.I/CRP.16 Proposals for inclusion in the outcome of the work of Main Committee I, submitted by Botswana, Brazil, Chile, Colombia, Egypt, Ireland, Kenya, Mexico, Nigeria, Peru, South Africa and Thailand

NPT/CONF.2000/MC.I/CRP.17 Comments on the working paper of the Chairman of Main Committee I (NPT/CONF.2000/MC.I/CRP.5), submitted by the Republic of Iraq

NPT/CONF.2000/MC.I/CRP.18 Draft report of Main Committee I

NPT/CONF.2000/MC.I./SB.1/WP.2 Working paper submitted by Portugal on behalf of the European Union to Subsidiary Body I

NPT/CONF.2000/MC.I/SB.1/WP.3 Working paper on nuclear disarmament submitted to Subsidiary Body I by Finland

NPT/CONF.2000/MC.I/SB.1/WP.4 Follow-up to the advisory opinion of the International Court of Justice on the Legality of the Threat or Use of Nuclear Weapons, submitted by Malaysia and Costa Rica

NPT/CONF.2000/MC.I./SB.1/CRP.1 Paper submitted by Belgium, Germany, Italy, the Netherlands and Norway, complementary to the European Union Common Position

NPT/CONF.2000/MC.I/SB.1/CRP.2 Chairman's working paper: Cluster one

NPT/CONF.2000/MC.I./SB.1/CRP.3 Proposed language submitted by the members of the Movement of Non-Aligned Countries parties to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) to Subsidiary Body I

NPT/CONF.2000/MC.I./SB.1/CRP.4 Chairman's working paper: Cluster two

NPT/CONF.2000/MC.I/SB.1/CRP.5 Comments on the working paper of the Chairman of Subsidiary Body I: Cluster Two (NPT/CONF.2000/MC.I/SB.1/ CRP.4), submitted by the United Kingdom of Great Britain and Northern Ireland

NPT/CONF.2000/MC.I/SB.1/CRP.6 Proposed amendments and additions to the working paper of the Chairman of Subsidiary Body I (NPT/CONF.2000/ MC.1/SB.1/CRP.4)

NPT/CONF.2000/MC.I/SB.1/CRP.7 Working paper of the Chairman of Subsidiary Body I, revision of NPT/CONF.2000/MC.I/SB.1/CRP.2 and CRP.4

Work of the Committee

10. The Committee took note of the following working paper of the Chairman and agreed to forward it to the Conference for further consideration:

I. Review of the operation of the Treaty, taking into account the decisions and the resolution adopted by the 1995 Review and Extension Conference

A. Articles I and II and preambular paragraphs 1 to 3

2. The Conference recalls that the overwhelming majority of States entered into legally binding commitments not to receive, manufacture or otherwise acquire nuclear weapons or other nuclear explosive devices and that these undertakings have been made primarily in the context of the corresponding legally binding commitments by the nuclear-weapon States to nuclear disarmament.

3. The Conference notes that the nuclear-weapon States reaffirmed their commitment not to transfer to any recipient whatsoever nuclear weapons or other nuclear explosive devices, or control over such weapons or explosive devices directly, or indirectly, and not in any way to assist, encourage, or induce any non-nuclear-weapon State to manufacture or otherwise acquire nuclear weapons or other nuclear explosive devices, or control over such weapons or explosive devices.

4. The Conference notes that the non-nuclear-weapon States Parties to the Treaty reaffirmed their commitment not to receive the transfer from any transferor whatsoever of nuclear weapons or other nuclear explosive devices or of control over such weapons or explosive devices directly, or indirectly, not to manufacture or otherwise acquire nuclear weapons or other nuclear explosive devices, and not to seek or receive any assistance in the manufacture of nuclear weapons or other nuclear explosive devices.

5. The Conference reaffirms that the strict observance of the provisions of the Treaty remains central to achieving the shared objectives of preventing, under any circumstances, the further proliferation of nuclear weapons and preserving the Treaty's vital contribution to peace and security.

6. The Conference expresses its concern with cases of non-compliance of the Treaty by States Parties, and calls on those States non-compliant to move promptly to full compliance with their obligations.

7. The Conference welcomes the accessions of Andorra, Angola, Brazil, Chile, Comoros, Djibouti, Oman, United Arab Emirates and Vanuatu to the Treaty since 1995, bringing the number of States parties to 187, and reaffirms the urgency and importance of achieving the universality of the Treaty.

8. The Conference urges all States not yet party to the Treaty, namely Cuba, India, Israel and Pakistan, to accede to the Treaty as non-nuclear-weapon States, promptly and without condition, particularly those States that operate unsafeguarded nuclear facilities.

9. The Conference deplores the nuclear test explosions carried out by India and then by Pakistan in 1998. The Conference declares that such actions do not in any way confer a nuclear-weapon State status or any special status whatsoever. The Conference calls upon both States to undertake the measures set out in the United Nations Security Council resolution 1172 (1998).

10. The Conference also calls upon all State Parties to refrain from any action that may contravene or undermine the objectives of the Treaty as well as of the United Nations Security Council resolution 1172 (1998).

11. The Conference notes that the two States concerned have declared moratoriums on further testing and their willingness to enter into legal commitments not to conduct any further nuclear tests by signing and ratifying the Comprehensive Nuclear-Test-Ban Treaty. The Conference regrets that the signing and ratifying has not yet taken place despite their pledges to do so.

12. The Conference reiterates the call on those States that operate unsafeguarded nuclear facilities and that have not yet acceded to the Treaty on the Non-Proliferation of Nuclear Weapons to reverse clearly and urgently the pursuit of any nuclear-weapon development or deployment and to refrain from any action which could undermine regional and international peace and security and the efforts of the international community towards nuclear disarmament and the prevention of nuclear weapons proliferation.

B. Article VI and preambular paragraphs 8 to 12

2. The Conference notes that, despite the achievements in bilateral and unilateral nuclear arms reduction, the total number of nuclear weapons deployed and in stockpile still amounts to many thousands. The Conference expresses its deep concern at the continued threat to humanity represented by the possession by nuclear-weapon States of these weapons, many of which remain on high alert, and at the attendant possibility of their use or threat of use.

3. The Conference also expresses its concern over the reaffirmation of nuclear weapons doctrines by all nuclear-weapons States, including those that retain first use doctrines or do not exclude the use of such weapons against non-nuclear-weapon States.

4. The Conference takes note of the proposal made by the United Nations Secretary-General regarding the convening of a major international conference that would help to identify ways of eliminating nuclear dangers.

5. The Conference reaffirms that the cessation of all nuclear weapon test explosions or any other nuclear explosions will contribute to the non-proliferation of nuclear weapons in all its aspects, to the process of nuclear disarmament leading to the complete elimination of nuclear weapons and, therefore, to the further enhancement of international peace and security.

6. The Conference welcomes the adoption by the General Assembly and subsequent opening for signature of the Comprehensive Nuclear-Test-Ban Treaty in New York on 24 September 1996, and notes that 155 States have signed it and that 56 of them, including 28 whose ratification is necessary for its entry into force, have deposited their instruments of ratification. The Conference welcomes the ratifications by France and the United Kingdom of Great Britain and Northern Ireland and the recent decision by the Duma of the Russian Federation to ratify the Treaty. The Conference calls upon all States, in particular on those 16 States whose ratification is a prerequisite for the entry into force of the Comprehensive Nuclear-Test-Ban Treaty, to continue their efforts to ensure the early entry into force of the Treaty.

7. The Conference welcomes the final declaration adopted at the Conference on facilitating the entry into force of the Comprehensive Nuclear-Test-Ban Treaty, convened in Vienna in October 1999, in accordance with Article XIV of the Convention.

8. The Conference recalls the statements made at the time of the negotiation of the Comprehensive Nuclear-Test-Ban Treaty not to conduct tests for the further development and modernization of nuclear weapons.

9. The Conference notes the unanimous conclusion of the International Court of Justice in its 1996 advisory opinion that there exists an obligation to pursue, in good faith and bring to a conclusion, negotiations leading to nuclear disarmament in all its aspects under strict and effective international control.

10. The Conference notes the establishment, in August 1998, by the Conference on Disarmament, of the Ad Hoc Committee under item 1 of its agenda entitled "Cessation of the nuclear arms race and nuclear disarmament" to negotiate, on the basis of the report of the Special Coordinator (CD/1299) and the mandate contained therein, a non-discriminatory, multilateral and internationally and effectively verifiable treaty banning the production of fissile material for nuclear weapons or other nuclear explosive devices. The Conference regrets that negotiations have not been pursued on this issue as recommended in paragraph 4 (b) of the 1995 decision on "Principles and Objectives for Nuclear Non-Proliferation and Disarmament".

11. The Conference welcomes the progress achieved in nuclear weapons reductions made unilaterally or bilaterally under the Strategic Arms Reduction Treaty (START) process, as steps towards nuclear disarmament. The Conference welcomes the steps that have been taken towards the ratification and entry into force of START II.

12. The Conference also welcomes the significant unilateral reduction measures taken by other nuclear-weapon States, including the close-down and dismantling of nuclear weapon related facilities.

13. The Conference welcomes the efforts of several States to cooperate in making nuclear disarmament irreversible through initiatives on the verification, management and disposition of fissile material declared excess to military needs.

14. The Conference reiterates the important contribution made by Belarus, Kazakhstan and Ukraine to the implementation of article VI of the Treaty through their voluntary withdrawal of all tactical and strategic nuclear weapons from their territories.

15. The Conference welcomes the signing, in September 1997, by Belarus, Kazakhstan, the Russian Federation, Ukraine and the United States of America, of significant agreements relating to the Anti-Ballistic Missile Treaty, including a Memorandum of Understanding, and urges their approval in accordance with appropriate national procedures.

16. The Conference notes paragraph 10 of the nuclear-weapon States declaration of 1 May 2000 stating that none of their nuclear weapons are targeted at any State.

C. Article VII and the security of non-nuclear-weapon States

2. The Conference reaffirms that the total elimination of nuclear weapons is the only genuine guarantee for all non-nuclear-weapon States against the use or threat of use of nuclear weapons. Pending the achievement of such a goal, the Conference reaffirms the decision, in paragraph 8 of decision 2 of the 1995 Review and Extension Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons to take further steps to assure non-nuclear weapon States Parties to the Treaty against the use or threat of use of nuclear-weapons that could take the form of an internationally legally binding instrument. The Conference directs the Preparatory Committee to develop such an instrument for consideration at the 2005 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons .

3. The Conference notes the reaffirmation by the nuclear-weapon States of their commitment to the United Nations Security Council resolution 984 (1995) on security assurances for non-nuclear-weapon States Parties to the Treaty on the Non-Proliferation of Nuclear Weapons.

4. The Conference notes the establishment in March 1998 by the Conference on Disarmament of the Ad Hoc Committee on effective international arrangements to assure non-nuclear-weapon States against the use, or threat of use of nuclear weapons.

5. The Conference notes the need for the commitment, without any condition, by all the nuclear-weapon States not to be the first to use nuclear weapons, nor use or threaten to use nuclear weapons against non-nuclear-weapon States, and conclude international legal instruments to this effect.

6. The Conference recognizes the important role which the establishment of new nuclear-weapon-free zones and the signature to the protocols of new and previously existing zones by the nuclear-weapon States has played in extending negative security assurances to non-nuclear-weapon States Parties to the Treaty on the Non-Proliferation of Nuclear Weapons in the zones concerned. The Conference underlines the importance of concerned States taking steps to bring into effect the assurances provided by nuclear-weapon-free zones treaties and their protocols.

II. Role of the Treaty in the promotion of non-proliferation of nuclear weapons and of nuclear disarmament in strengthening international peace and security and measures aimed at strengthening the implementation of the Treaty and achieving its universality

2. The Conference recognizes the crucial role of the Treaty in nuclear non-proliferation, nuclear disarmament and the peaceful uses of nuclear energy.

3. The Conference reaffirms that in accordance with Article IX, States not currently States Parties may accede to the Treaty only as non-nuclear-weapon States.

4. The Conference undertakes to make determined efforts towards the achievement of the goal of universality of the Treaty. These efforts should include the enhancement of regional security, particularly in areas of tension such as the Middle East and South Asia.

11. At the 7th meeting of Main Committee I, on 11 May 2000, the Chairman of Subsidiary Body 1, Clive Pearson (New Zealand), submitted a working paper of the Chairman (NPT/CONF.2000/MC.I/SB.1/CRP.7) and the Committee agreed that the working paper provides a framework for further work at the Conference:

The Conference agrees on the following practical steps for the systematic and progressive efforts to implement Article VI of the Treaty on the Non-Proliferation of Nuclear Weapons and paragraphs 3 and 4(c) of the 1995 decision on "Principles and Objectives for Nuclear Non-Proliferation and Disarmament":

1. The importance and urgency of signatures and ratifications, without delay and without conditions, to achieve the early entry into force of the Comprehensive Nuclear-Test-Ban Treaty.

2. Pending entry into force of that Treaty, a moratorium on nuclear weapon test explosions or any other nuclear explosions.

3. The necessity of negotiations in the Conference on Disarmament with a view to their conclusion by 2005 on a non-discriminatory, multilateral and internationally and effectively verifiable treaty banning the production of fissile material for nuclear weapons or other nuclear explosive devices in accordance with the statement of the Special Coordinator in 1995 and the mandate contained therein, taking into consideration both nuclear disarmament and nuclear non-proliferation objectives. The Conference on Disarmament is urged to agree on a programme of work which includes the immediate commencement and early conclusion of negotiations on such a treaty.

4. The immediate establishment in the Conference on Disarmament of an appropriate subsidiary body with a mandate to deal with nuclear disarmament.

5. The early entry into force and full implementation of START II and the conclusion of START III as soon as possible while preserving and strengthening the Treaty on the Limitation of Anti-Ballistic Missile Systems as a cornerstone of strategic stability and as a basis for further reductions of strategic offensive weapons, in accordance with its provisions.

6. Further efforts by the nuclear-weapon States to reduce their nuclear arsenals unilaterally.

7. The principle of irreversibility being applied to all nuclear disarmament and nuclear arms control measures.

8. The completion and implementation of the Trilateral Initiative between the United States of America, the Russian Federation and the International Atomic Energy Agency.

9. Arrangements by all nuclear-weapon States to place fissile material designated by each of them as no longer required for military purposes under the International Atomic Energy Agency or other appropriate international safeguards to ensure the irreversibility of nuclear disarmament.

10. Increased transparency by the nuclear-weapon States with regard to their nuclear arsenals and fissile material inventories as a confidence-building measure supporting progress on nuclear disarmament.

11. Annual reports within the framework of the review process of the Treaty on the Non-Proliferation of Nuclear Weapons by all States Parties on the implementation of Article VI and paragraph 4(c) of the 1995 decision on "Principles and Objectives for Nuclear Non-Proliferation and Disarmament".

12. The further reduction of non-strategic nuclear weapons in a transparent and irreversible manner leading to their total elimination as an integral part of the nuclear arms reduction and disarmament process and in the context of strategic stability.

13. Measures to de-alert and de-activate nuclear weapons systems, the removal of nuclear warheads from delivery vehicles and the withdrawal of nuclear forces from active deployment for the maintenance and promotion of strategic stability.

14. A diminishing role for nuclear weapons in security policies to minimize the risk that these weapons ever be used, to facilitate the process of elimination, to enhance strategic stability and to contribute to international confidence and security.

15. The integration at an early and appropriate stage of all the nuclear-weapon States in the process leading to the total elimination of their nuclear weapons.

16. The further development, nationally, bilaterally, multilaterally, and through relevant international organizations, of the verification capabilities that will be required to provide the confidence and assurance of compliance with nuclear disarmament obligations.

17. An unequivocal undertaking by the nuclear-weapon States to accomplish the total elimination of their nuclear arsenals and, in the forthcoming Treaty review period 2000-2005, to engage in an accelerated process of negotiations and to take steps leading to nuclear disarmament to which all States Parties are committed under Article VI.